Affordable Care Act and Marijuana Essay

Tags: affordable care act federal government united states supreme court

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Total Length: 1052 words ( 4 double-spaced pages)

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 When the Affordable Care Act was upheld by the Supreme Court, several people commended the Court for refusing to remove the only social protection they had which was established and improved by the New Deal as well as the Great Society. The House of Congress agreed to allow certain states have a significant level of command on the way federal programs such as Medicaid were implemented on the condition that it would be free to set up and enlarge its planned national entitlement schemes (Brown-Nagin, 2013). A huge disagreement in the beliefs of federalism has been bared for all via the suits contesting the Obamacare mandate. A school of thought believes that the government should get involved even constitutionally in situations when certain states do not have individual capabilities to settle a particular dispute. This school also believes that the main reason why the Constitution clearly specifies national bodies is in order to give Congress the power to arbitrate joint problems faced by the states. I will call this school of thought collective action federalism, based on write-ups by Neil Siegel and Robert Cooter (Moncrieff, 2012). Health insurance packages specific to individual states make up the second biggest tenet of the ACA’s coverage enlargement. People living on incomes which are 138 to 400 percent poverty inclined are free by the law to buy special national reduced insurance via these packages.

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These ACA establishments were based on a mechanism known as “partial preemption.” States would be given special funds by the federal government to design and implement its own insurance package. In cases where the state turns down this offer, the federal government will organize an organization which would carry this out. 



Any insurance company which would operate in this package would need to give out basic health coverage and show capability of providing other forms of coverage in order to be seen as qualified. The ACA established a punishment via tax on anyone who didn’t procure their insurance covers via the packages. For the ACA to be formed, Congress left a lot of the brainwork to the executive. Over forty benefits of the ACA are subject to the reading of the laws and the giving out of official guidelines in accordance with the Administrative Procedure Act by the administration. Nonetheless, its other benefits enjoin federal officers to create programs and processes even though it doesn’t specify doing this using by official methods. By applying this method and several others, the national and state officials had the power to carve the ACA as they wish. In the latter part of year 2013, over seventy….....

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References

Brown-Nagin, T. (2013). Two Americas in Healthcare: Federalism and Wars over Poverty from the New Deal-Great Society to Obamacare. Drake L. Rev., 62, 981.

Maier, S. L., Mannes, S., & Koppenhofer, E. L. (2017). The Implications of Marijuana Decriminalization and Legalization on Crime in the United States. Contemporary Drug Problems, 0091450917708790.

Maust, D. T., Bonar, E. E., Ilgen, M. A., Blow, F. C., & Kales, H. C. (2016). Agitation in Alzheimer disease as a qualifying condition for medical marijuana in the United States. The American Journal of Geriatric Psychiatry, 24(11), 1000-1003.

Moncrieff, A. R. (2012). Cost-Benefit Federalism: Reconciling Collective Action Federalism and Libertarian Federalism in the Obamacare Litigation and Beyond. American journal of law & medicine, 38(2-3), 288-325.

Single, E. W. (1989). The impact of marijuana decriminalization: an update. Journal of public health policy, 456-466.

Thompson, F. J., & Gusmano, M. K. (2014). The administrative presidency and fractious federalism: The case of Obamacare. Publius: The Journal of Federalism, 44(3), 426-450.

Wang, G. S., Le Lait, M. C., Deakyne, S. J., Bronstein, A. C., Bajaj, L., & Roosevelt, G. (2016). Unintentional pediatric exposures to marijuana in Colorado, 2009-2015. JAMA pediatrics, 170(9), e160971-e160971.

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